On May 31, 2007, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective weapon, bodily injury, etc.) at the Seoul Western District Court, and completed the execution of the sentence on April 8, 2009.

At around 20:30 on January 12, 2012, the Defendant, while drinking alcohol together with the victim D (years 39) who was aware of the usual in Jongno-gu Seoul Metropolitan City Ccafeteria, had the victim take a bath at himself/herself, who is a dangerous object, and got the head of the victim two times, and got the head of the victim at least two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Each written statement of D;

1. A report on investigation (Attachment of a medical certificate);

1. Previous convictions in judgment: Investigation report (verification of the last day of punishment), case summary information inquiry, application of statutes concerning judgment;

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. It is inevitable to sentence the Defendant to the punishment in light of the following: (a) the Defendant was punished for a similar crime under Article 53 or 55(1)3 of the Criminal Act; (b) the Defendant committed the instant crime even during the period of repeated crime; and (c) a large number of criminal records related to the crime.

However, the fact that the defendant agreed with the victim and misunderstanding is divided, that the victim's injury was recovered to some extent, and that it seems that the severe legacy will not remain, etc. are favorable to the defendant.

In addition, considering such various circumstances, the defendant's age, character and conduct, environment, etc., the punishment shall be determined as ordered within the scope of punishment which has been mitigated in consideration of discretionary mitigation.

It is so decided as per Disposition for the above reasons.